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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Procedural provisions - Persons entitled to be heard

122: Excusing or excluding care recipient

You could also call this:

"When the court decides it's not safe or fair for someone to be at a hearing"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

The court can let the care recipient miss a hearing if they think the person cannot understand what is happening, or if being there would hurt them badly. You might be hurt mentally, emotionally, or physically if you have to be at the hearing. The court makes this decision to help you.

The court can also ask the care recipient to leave the hearing if they are being too disruptive. This means you are causing a big disturbance and the court cannot continue with the hearing while you are there. The court wants to make sure the hearing can continue properly.

The court can make these decisions at any time during the hearing, which is a meeting where the court listens to people and makes decisions. This is because the court has the power to decide what is best for you and for the hearing. The court's decision is final and is made to ensure the hearing is fair and safe for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM225970.

Topics:
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121: Attendance at hearing by care recipient and person in support, or

"You and your support person must go to the court hearing, unless the Judge says you don't have to."

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123: Representation of persons entitled to be heard, and special rights of care recipient, or

"Having a say in court: your rights when you need care"

Part 9Procedural provisions
Persons entitled to be heard

122Excusing or excluding care recipient

  1. The court may excuse the care recipient from the hearing of an application if it is satisfied that the care recipient wholly lacks the capacity to understand the nature and purpose of the application, or that attendance or continued attendance is likely to cause the care recipient serious mental, emotional, or physical harm.

  2. The court may exclude the care recipient if it is satisfied that the care recipient is causing a disturbance that makes it impracticable to continue with the hearing in his or her presence.

  3. A discretion conferred by this section may be exercised at any stage of the hearing.

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